25 Ga. 383 | Ga. | 1858
By the Court.
delivering the opinion.
A rule nisi had been taken and duly served to foreclose a mortgage; one William Strickland by his counsel in-.
The Court granted the rule absolute, but took time to consider the questions made in the case. The mortgagor himself was present in Court, making no objection to the proceeding; and it does not appear that Strickland was any way interested.
At the next Term of the Court, the Judge held that the discrepancy was fatal; neither could it be explained by parol proof, at law; but that the mortgagee must go into equity to reform the instrument. The Court also decided that Strickland could not be heard, but that he would of his own accord refuse the motion.
I would merely add, that by a recent Act of the Legislature, (Laws, 1857, p. 58,) mistakes in grants may be shown, by parol proof, in suits both at law and in equity. It is needless to attempt to exclude parol testimony, as to mistakes in other instruments.
Judgment reversed.